Governor Bassey Otu of Cross River State has signed an Executive Order to protect all communities in the state that are richly endowed with mineral resources from exploitation, insecurity, criminality, restiveness, and unauthorized infiltration.
The Executive Order No. 1 of 2024, is aimed at protecting mining communities across the 18 LGAs of the state from insecurity, exploitation, and the unauthorized collection of surface rent from mining entities operating in any part of the state.
The Order takes effect from Wednesday, 14th August 2024.
Otu noted that the Order has become imperative to ensure that all mining companies and individuals operating in the state consistently pay their surface rent to promote safety, peace, security, and good governance across the state.
In a statement signed by the Commissioner for Information, Erasmus Ekpang, the governor said, “Under the Executive Order and in compliance with Section 16 of the Minerals and Mining Act, 2007, every mining entity or individual must obtain the Community Consent and Development Agreement, which must be vetted by the Ministry of Justice to avoid duplication and ensure that the community development commitments align with the state’s overall development master plan.”
“The Order also provides for the verification of entities and miners with authentic leases and licenses from the Federal Government, in line with Section 15, Subsection 4 of the 1999 Constitution, as amended.”
He emphasized that the profiling shall be done in liaison with the Commissioner of Police in the state, taking into account the provisions of the Land Use Act in Section 5, Subsection 1a.
The Ministry of Environment, he said, is to follow up with the entities and miners to ensure the restoration and reparation of the land’s integrity in accordance with all relevant laws.
“In addition, the Order further empowers the Ministry of Lands to grant approval for physical infrastructural development by any entity in any part of the state, while the Ministries of Justice, Environment, Mineral Resources, Local Government Councils, Traditional Institutions, and the Cross River State Internal Revenue Service are to collaborate effectively to guarantee compliance with the collection of surface rents, enforcement of the Order, and prosecution of defaulters.”
Governor Otu also pointed out that the Executive Order provides the authority to impose and collect surface rents, including the surface rent charge per mineral type per cadastre and cadastral units, as well as guidelines for collection, the due date for payments from the period of issuance of demand notices, and the remittance of fees to the state accounts.
According to the Order, the Cross River State Executive Council is empowered to review the provisions of the Order every three years, while its application shall be done in conjunction with other relevant extant laws in the state as well as those to be issued in the future pursuant to Executive Order No. 1 of 2024.
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